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Khums on Debt Amount

Q:

Salamun Alaikum,

I have a taken a loan from some one (Person not bank) which i have to payback to that person before my khums date, however that person ask me to keep that amount with me so he can take it back from me at later stage. Now i reached at my khums date.Do i need to pay khums on that amount that vitualy does not belongs to me.

In general if we have “AMANAT” in terms of money from some one, does khums apply on that “AMANAT” ?

A:

In the Name of Allah, the All-Beneficent, the All-Merciful.
Wa-Alaykum Assalam Wa Rahmtu-Allah,

Khums is payable by the owner of the funds… so if it is in your hands as an amanat which you are to return to the owner, it being in your possession does not mean you need to pay khums on it. See Q12 here: https://www.sistani.org/english/qa/01234/

S.L. Al-Hakim